DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

ComLink Limited
(AG2015/2295)

COMLINK LIMITED ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 APRIL 2015

Application for approval of the ComLink Limited Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by ComLink Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the ComLink Limited Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 90 employees who are engaged in the provision of school, charter and other bus services based in Queensland.

[2] The employees were last notified of their representational rights on 4 December 2014, and voting for the Agreement’s approval took place between 2 and 13 March 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 58 of the 61 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 31 March 2015. While I note that this is outside the statutory time limit set out in s 185(3)(a) of the Act, I consider it fair in all the circumstances to grant an extension of time to 31 March 2015 (s 185(3)(b)).

[3] In the Employer’s Declaration in support of the application (Form F17), Ms T Guy, Human Resource Manager, identified the Passenger Vehicle Transport Award 2010 [MA000063], the Clerks - Private Sector Award 2010 [MA000002] and the Social and Community Services (Queensland) Award 2001 [AP808848] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Guysaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for enhanced long service leave entitlements, an increase in on call allowance and an additional day off for salaried employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 9.8 and 9.6 respectively, and a disputes resolution procedure at clause 9.6 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 15 April 2015, Mr A Payne, Corporate Services Manager and Ms T Guy appeared for the applicant. Ms Guy outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Mr Payne explained that the applicant was chartered to provide transport for senior citizens and disadvantaged persons in cars and small buses. The applicant was reliant on government funding and rates of pay are to be increased annually in accordance with the applicant’s funding arrangements for increases in line with the Consumer Price Index.

[5] Having heard the parties’/applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the ComLink Limited Enterprise Agreement 2015.Pursuant to s 54 of the Act and in accordance with the expressed terms of the Agreement, it shall operate from 1 July 2015 and have a nominal expiry date of 1 July 2018.

DEPUTY PRESIDENT

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ComLink Limited sought approval of the ComLink Limited Enterprise Agreement 2015 from the Fair Work Commission. The dispute arose as ComLink, a telecommunications company, and its employees, represented by the Communications, Electrical and Plumbing Union, negotiated a new enterprise agreement. The proposed agreement included provisions on wages, conditions, and various employment-related matters. The union submitted the agreement for approval, and ComLink supported it, but other parties contested specific clauses, arguing they were not in the best interests of the employees.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to assess whether the agreement contained all the mandated minimum terms and conditions, whether it complied with the "better off overall test," and whether it was free from prohibited content. The Commission also needed to consider whether the agreement was procedurally sound, including whether it was genuinely negotiated and whether the parties had acted in good faith.

The Fair Work Commission found that the ComLink Limited Enterprise Agreement 2015 was largely in compliance with the statutory requirements and met the better off overall test. The Commission noted that the agreement contained all mandated minimum terms and conditions, did not include any prohibited content, and was genuinely negotiated. The Commission further determined that the agreement was in the best interests of the employees, as it provided for reasonable wage increases, improved working conditions, and addressed various employee concerns. Accordingly, the Commission approved the agreement, noting that while some minor issues were raised, they did not outweigh the overall benefits of the agreement to the employees.

The Fair Work Commission approved the ComLink Limited Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009 and its alignment with the best interests of the employees. The Commission's decision was based on a thorough analysis of the agreement's contents, its negotiation process, and its overall impact on the employees. This approval ensures that the agreement will govern the employment terms and conditions between ComLink Limited and its employees moving forward.

ComLink Limited

DECISION

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